Christopher Staples

The plaintiff contractor registered a construction lien and brought an action for unpaid invoices totaling $24,327.43 relating to a condominium renovation.

The defendant owner disputed the amount, claiming 19 specific discounts and back-charges for alleged deficiencies, unapproved extras, and incomplete work.

Following a summary trial, the court preferred the plaintiff's evidence, supported by contemporaneous logs, over the defendant's testimony.

The court allowed minor deductions totaling $2,423.85 (including HST) for unperformed electrical work, door changes, and code violations, but dismissed the majority of the defendant's claims.

The plaintiff was awarded $21,903.58.

The defendants brought a motion to set aside a certificate of pending litigation (CPL) on their Toronto property and to strike the plaintiff's action.

The plaintiff bank alleged that the defendants made unauthorized withdrawals of $295,000 from an uncancelled line of credit and used the funds to acquire the Toronto property, seeking an equitable mortgage and repayment.

The court dismissed the motion to set aside the CPL as the defendants provided no contradictory evidence, and dismissed the motion to strike because the plaintiff's pleadings, if proven true, could support the relief sought.